CLA-2-85:OT:RR:NC:N1:109
Mr. Jimmy Ting
Great World Customs service
218 Littlefield Avenue
South San Francisco, CA 94080
RE: The tariff classification of iPower Reminder 608i from China
Dear Mr. Ting:
In your letter dated September 17, 2012, you requested a tariff classification ruling on behalf of your client, ASI Computer Technologies, Incorporated
The merchandise subject to this ruling is the iPower Reminder 608i. The product consists of an iPower Battery Pack and an iRemember Tracker.
The iPower Battery Pack is a battery charger case with a built-in battery and a built-in paging alarm. The dimensions are 4.96 inches in length, 2.48 inches in width and .62 inches in depth. The built-in battery type is a 1900 mAh Li Polymer rechargeable battery. The battery has up to 300 hours of battery life. The iPower 600i battery charger is designed specifically for the iPhone 4/4S and also functions as a protective case. The paging alarm within the iPower Battery Pack enables the iRemember Tracker to find it.
The iPower Battery Pack handles charging intuitively. When it is connected via a USB cable to an external power source, it will charge the battery within an iPhone 4 or iPhone 4S first and then charge the internal battery within the iPower Battery Pack itself. The quick charge technology can fully charge the iPhone 4/4S when its battery is low in approximately two hours. It has an over-charge protection feature that reduces the risk of fire hazards as well as extending the battery life.
The iRemember Tracker, which is a separate device from the iPower Battery Pack, is a paging alarm that is meant to be attached to a key chain. Its dimensions are 2.42 inches in length, 1.42 inches in width and .46 inches in depth. The built-in battery type is a CR2032. The battery life is 50 days, with a standby of 8 hours per day. The iRemember Tracker sends out a loud 95 dB alarm when an iPhone 4 or 4S that it is paired-up with is separated from the iRemember Tracker by more than the user selected distances of 16 feet to 32 feet. It also has a “find me” button that helps either device (the iPower Battery Pack and the iRemember Tracker) locate the other within a 100 foot radius.
The iPower Reminder 608i does not meet the set provision in totality; it does not contribute to one specific activity or function. The iPower Battery Pack executes the function of charging batteries in heading 8504 and a signaling function of heading 8531. The iRemember Tracker only executes a signaling function in heading 8531. Together they do not execute one function or one specific activity because the iPower Battery Pack has a dual function. Therefore, the iPower Reminder 608i, does not meet the requirements of a set and the two components (the iPower Battery Pack and the iRemember Tracker) will each be classified separately.
In regards to the classification of the iPower Battery Pack, Legal Note 3 to Section XVI of the Harmonized Tariff Schedule of the United States (HTSUS) states that unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function. As the iPower Battery Pack consists of a cell phone battery charger and a paging alarm fitted together to form a whole, it is a composite machine in accordance with Legal Note 3 to Section XVI of the HTSUS.
Based on your description of the merchandise, use of the merchandise, the product literature submitted, and your own admission that the essential character is that of the battery charger and the secondary function is that of the Remember Tracker, it is the opinion of this office that the principal function of this composite machine is performed by the battery charging function. The battery charger functions to supply power to not only the battery in an iPhone 4 or 4S, but also to the internal battery of the iPower Battery Pack itself. Battery chargers are classified within heading 8504. As such, the iPower Battery Pack will be classified within heading 8504.
The applicable subheading for the iPower Battery Pack will be 8504.40.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical transformers, static converters (for example rectifiers) and inductors; parts thereof: Static converters: For telecommunication apparatus.” The general rate of duty will be free.
The applicable subheading for the iReminder will be 8531.80.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric sound or visual signaling apparatus…: Other apparatus: Other sound signaling apparatus." The rate of duty will be 1.3%.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Linda M. Hackett at (646) 733-3015.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division